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Articles 1 - 16 of 16
Full-Text Articles in Law
Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis
Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis
Indiana Law Journal
No abstract provided.
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Michigan Law Review
In this essay I address the notion of caste in two separate contexts: in the traditional disputes over race and sex, and in the more modem disputes over sexual orientation. In both cases the idea of caste and its kindred notions of subordination and hierarchy are used to justify massive forms of government intervention. In all cases I think that these arguments are incorrect. In their place, I argue that the idea of caste should be confined to categories of formal, or legal, distinctions between persons before the law. This more limited notion of caste supplies no justification for the …
Unmanly Diversions: The Construction Of The Homosexual Body (Politic) In English Law, Carl F. Stychin
Unmanly Diversions: The Construction Of The Homosexual Body (Politic) In English Law, Carl F. Stychin
Osgoode Hall Law Journal
In this article, the author interrogates the construction of gay male sexuality in legal and popular discourse. Focusing on two events-the decision of the House of Lords in Brown which upheld convictions of sadomasochists for assault, and publicity surrounding a serial killer of gay men in Britain-he argues that gay men are discursively constructed around the concepts of addiction, seduction, and contagion. Through the manipulation of these concepts, a linkage is created between sexual acts, sexual identities, the destruction of the gay male body, and a threat to the health and safety of the body politic as a whole.
Poised At The Threshold: Sexual Orientation, Law, And The Law School Curriculum In The Nineties, Jane S. Schacter
Poised At The Threshold: Sexual Orientation, Law, And The Law School Curriculum In The Nineties, Jane S. Schacter
Michigan Law Review
A Review of Lesbians, Gay Men, and the Law by William B. Rubenstein
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton
Dalhousie Law Journal
The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
A Postmodern Constitutionalism: Equality Rights, Identity Politics, And The Canadian National Imagination, Carl F. Stychin
Dalhousie Law Journal
In the 1990s, "identity" has become the centrepiece of theoretical work in a variety of disciplines. We now know that, in the conditions of late modem (or postmodem) society, identity is complex-it is fragmented, intersected, subject to alteration, socially constructed and it exhibits only a partial fixity at any moment. Most important, identities are to be valued, respected, and understood on their own terms. However, we also have relearned (if we ever forgot) that identities can be dangerous and fatal, especially when they coalesce in the form of nationalism. In this article, I will explore the intersection of nationalism and …
Congressional Oversight Of Morality: Sodomy Law Reform In The District Of Columbia, Gina M. Smith, Heidi Norton
Congressional Oversight Of Morality: Sodomy Law Reform In The District Of Columbia, Gina M. Smith, Heidi Norton
University of the District of Columbia Law Review
On September 14, 1993, the District of Columbia successfully reformed the sodomy law with which it has been burdened for nearly two centuries. This reform appears at first glance to have been a major victory, not only for the lesbian and gay residents of the District for whom the law represented the greatest threat, but also for proponents of the principles of self-governance. But the road to this victory was a long and difficult one, spanning many decades and testing the outer limits of thd tenets of Home Rule and Congressional oversight of District affairs. This article sets forth the …
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
A Paradigm For Sexual Harassment: Toward The Optimal Level Of Loss, Marie T. Reilly
Vanderbilt Law Review
The emerging law of sexual harassment has focused discussion on the political, sociological, and legal issues surrounding sexual conduct. Some commentators have argued that the developing law insufficiently addresses an underlying political imbalance between men and women. Although these commentators eschew sexual harassment law as a plausible means of achieving an egalitarian, sex-blind society, they offer few concrete suggestions for reaching their goal. A few scholars have taken a position at the other extreme, that sexual harassment is more or less a chimera, and that the injury women claim to experience is simply part of the vicissitudes of life, or, …
Perils Of Prosecution: "Standing Up" Or Seeking Justice? (Review Of Vachss: Sex Crimes), James P. Carey
Perils Of Prosecution: "Standing Up" Or Seeking Justice? (Review Of Vachss: Sex Crimes), James P. Carey
Loyola University Chicago Law Journal
No abstract provided.
Homosexuality And The Constitution, Cass R. Sunstein
Homosexuality And The Constitution, Cass R. Sunstein
Indiana Law Journal
No abstract provided.
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Indiana Law Journal
No abstract provided.
The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley
The Right Not To Endorse Gay Rights: A Reply To Sunstein, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Michigan Journal of International Law
The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
UIC Law Review
No abstract provided.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
UIC Law Review
No abstract provided.
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
The Present State Of Sexual Harassment Law: Perpetuating Post Traumatic Stress Disorder In Sexually Harassed Women, Jennifer L. Vinciguerra
Cleveland State Law Review
This Note will argue that current federal legislation was developed, and has subsequently been interpreted by the courts, with little or no consideration for a victimized woman. Instead of addressing the causes and effects of sexual harassment head on, the legislature has largely ignored the realities of sexual harassment as a traumatizing experience faced by thousands of working women each year. Part H of this Note will address the development and current state of sexual harassment law, as well as the Supreme Court's ruling in Meritor Savings Bank, FSB v. Vinson. Part III will discuss Post Traumatic Stress Disorder as …